Citation Nr: 21025082 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 16-50 918 DATE: April 27, 2021 ORDER Entitlement to nonservice-connected burial benefits is granted. FINDING OF FACT In November 2012, the Veteran died in her home while under the care of Victoria Home Health Care. CONCLUSION OF LAW The criteria for entitlement to nonservice-connected burial benefits have been met. 38 U.S.C. §§ 2302, 2303; 38 C.F.R. §§ 3.1700-3.1713. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1942 to December 1945. She died in November 2012. The appellant is the Veteran’s daughter. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. In September 2019, the appellant was scheduled for a hearing before a Veterans Law Judge. She did not appear at that hearing, and neither she nor her representative have provided good cause. Accordingly, the Board deems her hearing request withdrawn. See 38 C.F.R. § 20.704(d). Entitlement to nonservice-connected burial benefits The Veteran died in November 2012 and the appellant filed her claim for burial benefits in February 2014. The appellant asserts entitlement to burial benefits to recoup the costs of the Veteran’s burial expenses. Claims for a burial allowance may be executed only by “[t]he individual whose personal funds were used to pay burial, funeral, and transportation expenses.” 38 C.F.R. § 3.1702(b)(3). Here, the appellant indicated that she incurred expenses for the Veteran’s burial or internment on the claim for burial benefits. In her application for burial benefits, the appellant expressly stated that she was only claiming entitlement to nonservice-connected burial benefits. Where a veteran’s death is not service connected, a burial allowance to cover the burial and funeral expenses, as well as the expense of transporting the body to the place of burial may be payable, but only under certain circumstances. 38 U.S.C. § 2302(a); 38 C.F.R. § 3.1705. Specifically, if the cause of a veteran’s death is not service connected, entitlement is based upon the following conditions: at the time of death, the veteran was in receipt of pension or compensation (or but for the receipt of military retirement pay would have been in receipt of compensation); or, the veteran had an original claim for either benefit pending at the time of her death for which there was evidence available on the date of death to support the award for compensation or pension or, in the case of a reopened claim, there was sufficient prima facie evidence of record on the date of death to show entitlement; or, the deceased was a veteran of any war or was discharged or released from active military, naval, or air service for a disability incurred or aggravated in line of duty, and there is no next of kin and the veteran’s estate funds are insufficient to cover expenses. See 38 U.S.C. § 2302(a); 38 C.F.R. §§ 3.1705(b), (e); 3.1708(b), (c). Alternatively, a burial allowance may be paid if a veteran died from nonservice-connected causes while properly admitted to a VA facility or hospital, nursing home, or domiciliary care; or while admitted or traveling to a non-VA facility with prior authorization and at VA expense for the purpose of examination, treatment, or care. See 38 U.S.C. § 2303(a); 38 C.F.R. § 3.1706(b), (d). When VA facilities or other government facilities are not capable of furnishing economical hospital care or medical services because of geographic inaccessibility or are not capable of furnishing care or services required, VA may authorize or contract with non-VA facilities for care. 38 U.S.C. § 1703. According to 38 U.S.C. § 1701(4), the term “non-Department facilities” means facilities other than Department facilities. At the time of her death, the Veteran was not receiving any VA compensation or pension benefits, and the evidence does not reflect that there was an original or reopened claim for either benefit pending which was ultimately granted. Additionally, the Veteran is not shown to have been discharged or released from active service for a disability incurred or aggravated in the line of duty nor was her body held by a State. The appellant asserts that the Veteran was under VA care at the time of her death, and thus burial benefits should be awarded. Indeed, an October 2012 VA treatment record notes that the Veteran was approved for private home health care, which was furnished by Victoria Home Health. A VA attending physician was listed who would follow the Veteran while she was on home health care. The Veteran died in November 2012, and, at the time of death, she remained under the care of the contracted home care service pursuant to 38 U.S.C. § 1703(a). Thus, the Board concludes that the Veteran died while under the care of a VA-contracted hospice organization, at VA’s expense and with VA’s prior authorization. Accordingly, the criteria for nonservice-connected burial benefits are met. See C.F.R. § 3.1706(b). P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Stedman, Michael The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.